RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00587

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

Her permanent disability retirement rating of 10 percent be increased.

APPLICANT CONTENDS THAT:

Due to a disability adjustment with the Veterans Administration (VA), her disability percentage has been adjusted from 10 percent to a 60 percent disability rating.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 21 Jun 17, The Informal Physical Evaluation Board (IPEB) found the applicant’s medical condition, Neurocardiogenic Syncope, permanently unfitting and recommended a 10 percent combined compensable percentage rating.

On 29 Jun 17, the applicant concurred with the IPEB findings and waived her right to a Formal Physical Evaluation Board (PEB) hearing.

On 28 Sep 17, the applicant received a permanent disability retirement, permanent and was credited with 23 years, 1 month, and 19 days of active service.

On 29 Jan 18, the VA has determined her combined disability rating evaluation was at 60 percent; however, her rating for Neurocardiogenic Syncope remained at 10 percent. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denying the application.  There was no error or injustice that occurred at the time the PEB processed her disability case.  The Air Force and the Department of Veteran’s Affairs (DVA) disability systems operate under separate laws.  Under the Air Force system (Title 10, United States Code [U.S.C.]), Physical Evaluation Boards must determine whether an airman’s medical condition renders them unfit for duty and apply the rating best associated with the level of disability at the time of disability processing.  That rating determines the final disposition, permanent retirement in this case, and is not subject to change after the service member has separated.  Under the VA system (Title 38, U.S.C), the member may be reevaluated over the years and their rating may be increased or decreased based on changes in the member’s medical condition.  However, an increase or decrease in rating by the VA after separation from the service does not warrant a change in the total compensable rating awarded at the time of the member’s separation.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 14 Mar 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-00587 in Executive Session on 27 Jun 18:

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 04 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 12 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 Mar 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.